Broadway Theater Wants ‘No Outside Food’ Policy Class Action Dismissed

Hudson Theatre asked a federal court to dismiss a class action lawsuit alleging the Broadway theater failed to consider food restriction issues in their disability accommodations.

The theater wants the case thrown out, arguing that they had no awareness of the disability named by the plaintiff and that the plaintiff never made the company aware of the condition.

The lead plaintiff Evelyn Castillo says that she has a metabolic disorder and that the theater did not offer food options for a person with her condition.

The theater claims that the plaintiff never asked whether the theater’s policy against a patron bringing in their own food could be adjusted.

However, Castillo argues that the existence of a “no outside food” policy violates the disability accommodations that should be available to people with metabolic disorders.

The plaintiff in the Hudson Theatre class action lawsuit says that she was not able to purchase tickets for a musical performance there because she needs to bring her own food with her when out for a long period of time and the theater’s policy would prevent her from getting the nutrition she needed.

The Hudson Theatre class action lawsuit seeks to represent a Class of individuals with metabolic disorders across the country who want to access that theater but are unable to do so because of the food policy. The lawsuit also seeks to represent a subclass of New York residents.

The Americans with Disabilities Act states that no person who has a disability should have to engage in any gesture if the theater appears to have no intent or willingness to provide access or accommodations.

However, the defendants in the Hudson Theatre class action lawsuit say the plaintiff failed to provide proof that the theater was not in compliance with the law since the plaintiff never asked.

The theater argues that Castillo must show that her attempt to attend a show would have been futile with her condition.

The defendant in the Hudson Theatre class action lawsuit argues that their disability accessibility and contact details are clearly provided on their website but that the plaintiff made no effort to reach out to determine whether she could bring her own food because of her condition.

Hudson Theatre believes that this lack of communication or request for accommodation is enough to get the ADA class action lawsuit dismissed.

Companies must comply with the federal ADA rules or face possible lawsuits when a person or group of persons with a disability is discriminated against or is not able to get the federal protections outlined under the law.

The plaintiffs and proposed Class in the Hudson Theatre class action lawsuit are represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Hudson Theatre No Outside Food Policy Class Action Lawsuit is Evelyn Castillo v. Hudson Theatre LLC, is Case No. 1:18-cv-07931-JPO, in the U.S. District Court for the Southern District of New York.